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MO HB1603

Bill

Status

Introduced

1/13/2010

Primary Sponsor

Luke Scavuzzo

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Requires claimants asserting fee simple title by adverse possession in civil actions filed on or after January 1, 2011 to prove their claim by clear and convincing evidence.

  • Adds requirement that the adverse possessor or a predecessor must have had a good faith belief that they were the actual owner of the property, with the belief being reasonable under the circumstances.

  • Allows courts discretion to award compensation to the property owner losing title, including damages based on the county assessor's property valuation and reimbursement for property taxes paid for up to 18 years before the adverse possession action commenced, plus statutory interest.

  • Excludes easements by prescription, implication, prior use, estoppel, and equitable relief claims from the new requirements.

  • Permits defendants claiming adverse possession solely as a defense (rather than seeking title) to use a preponderance of evidence standard instead of clear and convincing evidence, if stated in a pleading within 90 days after filing an answer.

Legislative Description

Changes the laws regarding adverse possession

Last Action

Referred: Judiciary (H)

5/14/2010

Committee Referrals

Judiciary5/14/2010

Full Bill Text

No bill text available